Legislature(2011 - 2012)BELTZ 105 (TSBldg)
04/09/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB229 | |
| HB274 | |
| HB224 | |
| HB55 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 229 | ||
| = | HB 274 | ||
| + | HB 224 | TELECONFERENCED | |
| + | HB 55 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 224-SALES OF NICOTINE PRODUCTS TO MINOR
1:36:15 PM
CHAIR FRENCH announced the consideration of HB 224, "An Act
prohibiting the sale or gift of a product containing nicotine to
a minor under certain conditions."
1:36:29 PM
REPRESENTATIVE PAUL SEATON, sponsor of HB 224, stated that this
legislation addresses the issue that state law does not prevent
companies from selling or giving products that contain nicotine
to minors. He reported that tobacco companies are test marketing
nicotine-laced products like water, candy lozenges, toothpicks,
and hand wipes in four states. The bill is an effort to keep
these products from appearing on retail shelves across Alaska,
because they are designed to get kids addicted to nicotine so
they will switch to tobacco products. The bill does not preclude
a medical professional from prescribing nicotine, and it does
not prevent a parent or guardian from providing nicotine to
their children. He concluded that these products should not be
allowed to circulate in Alaskan communities.
He said most venders can verify age by scanning IDs and DHSS has
indicated it should not be a problem to incorporate this into
their current education program. In addition, it is a complaint-
driven process so the penalty for an infraction would be much
like a speeding ticket.
1:39:53 PM
CHAIR FRENCH asked him to confirm that the products he showed
the committee are not currently sold in Alaska.
REPRESENTATIVE SEATON said that is correct; the samples came
from Oregon, one of the test market states, but nothing prevents
their sale in Alaska. Responding to further questions, he
explained that both synthetic and tobacco-derived nicotine are
addictive, but the U.S. Food and Drug Administration (USFDA) can
only regulate use in tobacco products.
1:41:28 PM
CHAIR FRENCH asked for an explanation of Sec. 11.76.109(a)(2) on
page 1, lines 10-11.
REPRESENTATIVE SEATON explained that subsection (a) prohibits
the sale or gift of a product containing nicotine to a minor.
Paragraph (1) specifically addresses the sale of a product
containing nicotine to a person under age 19, and paragraph (2)
specifically addresses gifting a product containing nicotine to
a person under age 19.
CHAIR FRENCH reviewed the exceptions in subsection (b) and
questioned linking paragraphs (1), (2), and (3) with "and."
Doing so would keep a parent from giving a nicotine-containing
product to their child unless it was USFDA approved for tobacco
cessation.
REPRESENTATIVE SEATON responded that the intent is that a parent
can give their child a tobacco cessation device, or a pharmacist
can prescribe and delivered it.
CHAIR FRENCH asked if he was trying to outlaw a parent giving
their child the nicotine-laced water but allow giving Nicorette
gum.
REPRESENTATIVE SEATON reiterated the intent.
CHAIR FRENCH said he was trying to make sure that everyone was
reading the bill the way he was reading it. He reviewed
subsections (c), (d), and (e) and had no further questions.
1:45:19 PM
SENATOR COGHILL asked if there is a safe level of nicotine.
REPRESENTATIVE SEATON replied all of the medical professionals
consulted indicated there is no constructive use for nicotine.
He noted that the Department of Health and Social Services
(DHSS) may have something to add.
SENATOR COGHILL wondered if an energy drink might contain a safe
level of nicotine.
1:46:32 PM
MARY JANE SHOWS, staff to Representative Paul Seaton, said her
research indicated that the only products that have nicotine
added are the ones the sponsor mentioned.
SENATOR COGHILL asked how a hand wipe might cause a nicotine
addiction.
REPRESENTATIVE SEATON explained that nicotine enters the
bloodstream through the pores of the skin.
1:47:46 PM
SENATOR WIELECHOWSKI offered the committee information about
nicotine that he gleaned from Wikipedia.
SENATOR PASKVAN asked if tobacco company subsidiaries
manufacture these products.
REPRESENTATIVE SEATON said that was his understanding.
CHAIR FRENCH asked Ms. Casto when she first became aware of
these nicotine-laced products.
DIANE CASTO, Prevention Manager, Division of Behavioral Health,
Department of Health and Social Services (DHSS), said
information about recreational nicotine products has cropped up
in the course of her job for the last several years. She offered
her personal opinion that tobacco companies are looking for
additional ways to market their product as cigarette usage
drops.
CHAIR FRENCH asked where nicotine gum falls in the spectrum.
MS. CASTO explained that gum and nicotine patches are primarily
used as tobacco cessation products.
CHAIR FRENCH reviewed the exception in paragraph (1) and
observed that the gum has been approved by the USFDA. He
reviewed the exception in paragraph (2) and asked if "approved
purposes" means tobacco cessation.
MS. CASTO said yes. She relayed that the USFDA recognizes the
potentially large market for these new recreational nicotine
products, and is committed to finding a way to appropriately
monitor and regulate the usage.
CHAIR FRENCH asked if she was aware of trace amounts of nicotine
in the marketplace.
MS. CASTO replied she couldn't say with certainty but, in
general, nicotine is not being put into products right now.
1:53:16 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society (ACS), Cancer Action Network (CAN), stated
support of HB 224. It will close a loophole in the statutes and
will help protect kids from some of the new and dangerous
products coming on the market. Every month she hears about new
and creative ways the tobacco industry has developed to deliver
nicotine. She warned the committee to remain vigilant against
predatory products and practices that entice kids into deadly
addictions.
1:54:39 PM
CHAIR FRENCH asked if the $300 fine provided in the bill was the
same as the fine for selling cigarettes to a minor.
MS. NENON deferred the question to Ms. Casto.
MS. CASTO explained that a certification is required in order to
sell tobacco and when there is a violation of selling to an
underage person there are two potential actions. One is to fine
the clerk that sold the tobacco $300 on a first offense, and
incrementally higher on subsequent offenses. The second option
is to penalize the owner of the establishment by suspending
tobacco sales for up to 20 days on a first offense, although it
can be mitigated down to a minimum of 10 days. Again, the number
of days that tobaccos sales are suspended increases with each
subsequent offense.
CHAIR FRENCH observed that the bill takes a different scheme
since there is no license to suspend; it will essentially be a
fine against the vender.
MS. CASTO said that was her understanding. She added that part
of the DHSS tobacco enforcement program is to train and educate
sellers of tobacco products about new and changing laws. If
these new products enter Alaska, it would not be difficult to
incorporate them into the program.
CHAIR FRENCH asked if this bill might prevent those products
from entering the Alaska market entirely.
MS. CASTO replied that was her hope. She opined that limiting
the ability to sell the products to minors would certainly
reduce the draw.
CHAIR FRENCH commented that it's a good reminder that the
products could still be sold to adults.
SENATOR PASKVAN asked if nicotine-laced water is flavored.
MS. CASTO surmised that would be the case.
2:00:45 PM
CHAIR FRENCH noted the press relief from the Harvard School of
Public Health that talked about dissolvable nicotine that can
lead to accidental poisoning in infants and youths. He asked if
she had reviewed any of that material.
MS. CASTO said she had not done any in-depth research but it is
an addictive substance and little bodies would be particularly
vulnerable.
2:01:39 PM
CHAIR FRENCH closed public testimony and held HB 224 in
committee.
REPRESENTATIVE SEATON noted the added provision that subjects an
employer to a $300 fine for failure to advise their employees of
this prohibition.
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